Bus_Law

Where there is not law, there is not freedom. John Locke (nd). The author could not agree more with Mr. Locke; in fact, The World will be chaotic if the law did not exist. Could one imagine what would the world be like if there were no limitation on driving speed or who could or could not drive' How about if there were no law refraining just anyone from practicing medicine' When doing business, nationally or internationally, how would it be without any rules or regulations' One would say these scenarios described above are unthinkable. That is how important is the law. This paper will be about the law with focus on the United States Constitution, and the United States legal system in business regulations. The author will further, demonstrate how a constitutional right affects a business and how the legal system is used with respect to recognizing and protecting that right. Law is a set of rules of action and conducts set by controlling authority Cheeseman (2007). Law has binding legal force and it must be obeyed and followed by citizens subject to sanctions. Law can also be described as any system of regulations to direct the behavior of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon combined human experience. The law has several functions such as promoting and keeping the peace; shaping moral standards, promoting social justice; maintaining status quo, and many more. In USA, the highest level of law is the US constitution. The constitution of the United States of America is the supreme law of the territory. Woodrow Wilson stated:” the constitution of the United States in not a mere lawyers’ document it is a vehicle of life” The US Constitution is a way of US life; it overpowers any federal, State or local. The Us Constitution created the three major branches of the government: Legislative, Executive, and judicial, granted them with power accordingly. All three branches have different functions in regard to the law. The Legislative (Congress) has the power to make the law, the Executive (president) has the power to enforce the law, and the Judicial has the power to interpret the law, and the power to determine the validity of such law. The US constitution does not limit to the people, but in contrary it extends to the business world as well. Business law covers the law leading contracts, agency, sales, and employment law, business organizations, property, insurance and so on. Business law at time include issues such as starting, selling, or buying a small business, managing a business, managing and dealing with employees, etc.. In recent years, in the author’s place of work, the hiring senior manager, an older gentleman late 60’s, would only hire Hispanic ladies fairly young between the ages of 18 to 25 year old. When the company did not need to hire new employees, this gentleman would fire few employees only to replace them by young Hispanics kind. One of the employees that the hiring manager fired finally started an investigation on what truly was going on, and end up suing the corporation for a substantial amount of money. In fact the investigator found out that the manager was going for young Hispanics in exchange to sexual favors. The fired employee then sued the company for violation of equal opportunity clause. To avoid bad publicity, the company settled out of the court system, Re-offered the employee’s job back, and fired the hiring manager. The employee never returned to work, probably rich in millions. The company reacted as such because of the law that protects workers and that gives them the equal employment opportunity. The law is an important aspect of any society. The law is needed in a society to keep the peace, to shape moral standards, to promote justice, to maintain the status quo. Many more functions may be attributed to the law. The US Constitution, Also called living Document, the US constitution is adaptable: it evolves with social, technological, and economical situation Cheeseman, (2007). It is a USA way of life. Businesses are affected by the law and the constitution as much as individual.